RULE 11. SIGNING OF PLEADINGS, MOTIONS AND
OTHER PAPERS;
REPRESENTATIONS TO COURT; SANCTIONS

(a) Signature. Every pleading, written motion, and other paper must be signed by at
least
one attorney of record in the attorney's individual name, or, if the party is not represented by
an attorney, must be signed by the party. Each paper must contain the signer's address and
telephone number, if any. If the person signing the paper is an attorney, the paper must also
contain the attorney's State Board of Law Examiners identification number. Except when
otherwise specifically provided by rule or statute, pleadings need not be verified or
accompanied by affidavit. An unsigned paper must be stricken unless omission of the
signature is corrected promptly after being called to the attention of the attorney or
party.

(a) Signature. Every pleading, written motion, and other paper must be signed by at
least
one attorney of record in the attorney's name or by a party personally if the party is
unrepresented. The paper must state the signer's address, electronic mail address, and
telephone number. If the signer is an attorney, the paper must contain the attorney's State
Board of Law Examiners identification number. Unless a rule or statute specifically states
otherwise, a pleading need not be verified or accompanied by an affidavit. The court must
strike an unsigned paper unless the omission is promptly corrected after being called to the
attorney's or party's attention.

(b) Representations to Court. By presenting to the court (whether by signing, filing,
submitting, or later advocating) a pleading, written motion, or other paper, an attorney or
unrepresented party is certifying that to the best of the person's knowledge, information, and
belief, formed after an inquiry reasonable under the circumstances, ­

(1) it is not being presented for any improper purpose, such as to harass or to cause
unnecessary delay or needless increase in the cost of litigation;

(2) the claims, defenses, and other legal contentions therein are warranted by
existing law
or by a nonfrivolous argument for the extension, modification, or reversal of existing law
or the establishment of new law;

(3) the allegations and other factual contentions have evidentiary support or are
likely to
have evidentiary support after a reasonable opportunity for further investigation or
discovery; and

(4) the denials of factual contentions are warranted on the evidence or are
reasonably based
on a lack of information or belief.

(b) Representations to the Court. By presenting to the court a pleading, written motion,
or
other paper, whether by signing, filing, submitting, or later advocating it, an attorney or
unrepresented party certifies that to the best of the person's knowledge, information, and
belief, formed after an inquiry reasonable under the circumstances:

(1) it is not being presented for any improper purpose, such as to harass, cause
unnecessary
delay, or needlessly increase the cost of litigation;

(2) the claims, defenses, and other legal contentions are warranted by existing law or by
a
nonfrivolous argument for extending, modifying, or reversing existing law or for
establishing new law;

(3) the factual contentions have evidentiary support or will likely have evidentiary
support
after a reasonable opportunity for further investigation or discovery; and

(4) the denials of factual contentions are warranted on the evidence or are reasonably
based
on belief or a lack of information.

(c) Sanctions. If, after notice and a reasonable opportunity to respond, the court
determines
that subdivision (b) has been violated, the court may, subject to the conditions stated below,
impose an appropriate sanction upon the attorneys, law firms, or parties that have violated
subdivision (b) or are responsible for the violation.

(c) Sanctions.

(1) In General. If, after notice and a reasonable opportunity to respond, the court
determines that Rule 11(b) has been violated, the court may impose an appropriate sanction
on any attorney, law firm, or party that violated the rule or is responsible for the violation.
Absent exceptional circumstances, a law firm must be held jointly responsible for a violation
committed by its partner, associate, or employee.

(1) How Initiated.

(A) By Motion. A motion for sanctions under this rule must be made separately
from other
motions or requests and must describe the specific conduct alleged to violate subdivision (b).
The motion, brief, and any other supporting papers, must be served as provided in Rule 5,
but must not be filed with or presented to the court unless, within 21 days after service of
the motion (or such other period as the court may prescribe), the challenged paper, claim,
defense, contention, allegation, or denial is not withdrawn or appropriately corrected. The
respondent shall have 10 days after a motion for sanctions is filed to serve and file an answer
brief and other supporting papers. If warranted, the court may award to the party prevailing
on the motion the reasonable expenses and attorney's fees incurred in presenting or opposing
the motion. Absent exceptional circumstances, a law firm shall be held jointly responsible
for violations committed by its partners, associates, and employees.

(2) Motion for Sanctions. A motion for sanctions must be made separately from any
other
motion and must describe the specific conduct that allegedly violates Rule 11(b). The
motion, brief, and other supporting papers must be served under Rule 5, but must not be
filed or be presented to the court if the challenged paper, claim, defense, contention, or
denial is withdrawn or appropriately corrected within 21 days after service or within another
time the court sets. The respondent must have 10 days after a motion for sanctions is filed
to serve and file and answer brief and other supporting papers. If warranted, the court may
award to the prevailing party the reasonable expenses, including attorney's fees, incurred for
the motion.

(B) On Court's Initiative. On its own initiative, the court may enter an order
describing the
specific conduct that appears to violate subdivision (b) and directing an attorney, law firm,
or party to show cause why it has not violated subdivision (b) with respect thereto.

(3) On the Court's Initiative. On its own, the court may order an attorney, law firm, or
party
to show cause why conduct specifically described in the order has not violated Rule 11(b).

(2) Nature of Sanction; Limitations. A sanction imposed for violation of this rule
must be
limited to what is sufficient to deter repetition of such conduct or comparable conduct by
others similarly situated. Subject to the limitations in subparagraphs (A) and (B), the
sanction may consist of, or include, directives of a nonmonetary nature, an order to pay a
penalty into court, or, if imposed on motion and warranted for effective deterrence, an order
directing payment to the movant of some or all of the reasonable attorneys' fees and other
expenses incurred as a direct result of the violation.

(4) Nature of a Sanction. A sanction imposed under this rule must be limited to what
suffices to deter repetition of the conduct or comparable conduct by others similarly situated.
The sanction may include nonmonetary directives; an order to pay a penalty into court; or,
if imposed on motion and warranted for effective deterrence, an order directing payment to
the movant of part or all of the reasonable attorney's fees and other expenses directly
resulting from the violation.

(A) Monetary sanctions may not be awarded against a represented party for a
violation of
subdivision (b)(2).

(B) Monetary sanctions may not be awarded on the court's initiative unless the
court issues
its order to show cause before a voluntary dismissal or settlement of the claims made by or
against the party which is, or whose attorneys are, to be sanctioned.

(5) Limitations on Monetary Sanctions. The court must not impose a monetary
sanction:

(A) against a represented party for violating Rule 11(b)(2); or

(B) on its own, unless it issued the show-cause order under Rule 11(c)(3) before
voluntary
dismissal or settlement of the claims made by or against the party that is, or whose attorneys
are, to be sanctioned.

(3) Order. When imposing sanctions, the court shall describe the conduct
determined to
constitute a violation of this rule and explain the basis for the sanction imposed.

(6) Requirements for an Order. An order imposing a sanction must describe the
sanctioned
conduct and explain the basis for the sanction.

(d) Inapplicability to Discovery. Subdivisions (a) through (c) of this rule do not
apply to
disclosures and discovery requests, responses, objections, and motions that are subject to the
provisions of Rules 26 through 37.

(d) Inapplicability to Discovery. This rule does not apply to disclosures and discovery
requests, responses, objections, and motions under Rules 26 through 37.

(e) Limited Representation.

(1) Notice. An attorney who assists an otherwise unrepresented party on a limited basis
must serve a notice of limited representation on each party involved in the matter. The notice
must state precisely the scope of the limited representation. An attorney who seeks to act
beyond the stated scope of the limited representation must serve an amended notice of
limited representation. The attorney must also serve a notice of termination of limited
representation on each party involved in the matter.

(2) Filing. If the action is filed, the party who received assistance of an attorney on a
limited basis must file the notice of limited representation with the court.

(3) Scope of Rule. The requirements of this rule apply to every pleading, written motion
and other paper signed by an attorney acting within the scope of a limited representation.

Rule 11 was revised, effective March 1, 1996, in response to the 1993 revision of
Rule 11,
Fed.R.Civ.P. 11. North Dakota's rule differs from the federal rule in the following
respects:
1) North Dakota's rule requires attorneys to cite their State Board of Law Examiners
identification number when signing papers; and 2) North Dakota's rule does not require
allegations or denials to be specifically identified when immediate evidentiary support is
lacking.

Subdivision (e) was added, effective March 1, 2009, to permit an attorney to file a notice
of limited representation indicating an intent to represent a party for one or more matters in
a case, but not for all matters. An attorney must also serve a notice of termination of limited
representation when the attorney's involvement ends. Rule 5, Rule 11 and N.D.R.Ct. 11.2,
were amended to permit attorneys to assist an otherwise unrepresented party on a limited
basis without undertaking full representation of the party. Under N.D.R. Prof. Conduct
1.2(c) a lawyer may limit the scope of the representation if a client consents after
consultation.

Rule 11 was amended, effective _______________, in response to the December 1,
2007,
revision of the Federal Rules of Civil Procedure. The language and organization of the rule
were changed to make the rule more easily understood and to make style and terminology
consistent throughout the rules.